[HISTORY: Adopted by the Village Board of
the Village of Port Chester 10-1-2018 by L.L. No. 9-2018. Amendments noted where
applicable.]
The terms used in this chapter shall have the following meanings:
The result of leaving, desertion or relinquishment of possession
and control of a shopping cart on property other than on the premises
or parking area as those terms are defined herein.
A business located in the Village which offers or provides
a minimum number of 25 shopping carts for the use of customers of
such business regardless as to whether such business is advertised
or operated as a retail or wholesale business and regardless as to
whether it is open to the general public, a private business or a
membership store.
Any person or entity, in connection with the function of
a business, who owns, leases, possesses or makes shopping carts available
to the public.
The parking lot or other area property provided by or afforded
an establishment for the use of patrons of such establishment for
the parking of motor vehicles.
Any building, property or other area upon which any establishment
is conducted in the Village, including the parking area.
Any device, whether drawn by hand, propelled vehicle or wheeled
container, that is provided to patrons for the carrying of merchandise.
A.
Every establishment shall provide the Village with current contact
information, including mailing address, telephone number and e-mail
address, so that the Village may notify it of any shopping cart found
off the premises and the requirement to redeem same.
B.
Every establishment shall conspicuously post a sign at the front
entrance/exit that notifies customers that removal of shopping carts
from the premises is prohibited by law.
C.
Within 90 days of the effective date of this chapter, every establishment
shall cause its shopping carts to be conspicuously marked and identified
with the name and/or company logo of the establishment.
D.
Within 90 days of the effective date of this chapter, every establishment
shall take means to prevent removal of shopping carts from the premises
such as, but not limited to, patrolling the premises, installing wheel
locks, utilizing a lock mechanism and coin deposit or a perimeter
locking device system.
A.
The Village is authorized to remove or cause to be removed any shopping
cart found on the streets, sidewalks or public right-of-way and to
impound same until redeemed and otherwise disposed in accordance with
the provisions of this chapter.
B.
Thereafter, the Village shall notify the establishment with regard
to a shopping cart so located stating that such shopping cart has
been impounded, that it may be redeemed upon payment to the Village
of Port Chester of an administrative fee in the amount of $35 for
each cart with the times and place of redemption, and, if not so redeemed
within five business days, that such shopping cart will be subject
to forfeiture and disposition by the Village. Such notification shall
be by regular first-class United States mail and e-mail (if applicable).
Shopping carts that do not contain any identification shall
be subject to summary disposition by the Village without notice.
The Department of Public Works is authorized to dispose of shopping
carts under this chapter in any manner that the Village Manager deems
appropriate.
A.
Any person in violation of this chapter shall be subject to a fine
in an amount of not less than $250 nor exceeding $750, or imprisonment
not greater than 15 days, or both. For purposes of this section, each
shopping cart found in violation of this chapter shall constitute
a separate offense.
B.
In addition, the Board of Trustees hereby authorizes the Village
Attorney to commence a civil proceeding seeking relief in an amount
not less than $250 nor exceeding $750. For purposes of this section,
each shopping cart found in violation of this chapter shall constitute
a separate and distinct cause of action.
C.
The Board of Trustees also authorizes the Village Attorney to commence
an action or proceeding in a court of competent jurisdiction to enjoin
a violation of this chapter.
